Can I own a gun in the house if my husband has felonies? 42 Answers as of July 08, 2013

My husband was convicted of drug related felonies in 2007 and is no longer on probation. I want to purchase a gun and I know I am able to own one, but am I able to keep it in my home if it is locked in a gun safe and my husband doesn't have access to it? I am home alone for most of the day and with crime in my neighborhood on the rise, I'd feel more comfortable with the gun stored securely in my home. And if God forbid I ever have to use it to protect myself, will my husband be arrested for it being in my possession?

From my experience, police officers and courts would consider your husband in possession of a firearm if it is in the house that he occupies. Having the gun locked up with your husband not having access to it will not make a difference. I would not allow anyone to have a gun in your house as long as he is living there.

It is always a difficult call even when the prohibited person does not appear to have access to the gun. Keeping it locked away from him is a prerequisite at the very least. Whether that will be enough if it ever comes to the attention of the police is a question I cannot predict however.

Yes. But you must absolutely make sure that your husband, whose is prohibited from "possessing" a firearm because of his felon status, cannot ever come into possession of the gun. You must always have the key to the gun case in your physical possession at all times. Possession not only includes "actual physical possession" but also includes the lunge able or reachable distance. Just be careful as your husband could be charged with possession of aweapon by aprevious offender if he could access the guns but may not have actually accessed the guns. If you can have a gun case that is unbreakable it would be even better.

Your husband is prohibited from owning, possessing, or having any form of control over a firearm. If he has no access to the gun safe, and there are ways to prove that, he may not be in for charges if you own the gun. I would strongly advise against it because proving he doesn't know the combination or have access to a key to the safe may be hard to prove.

Technically you can own a gun if it is truly yours and your husband truly has absolutely no access to it. Possession means that a person has control over the item. That being said, it is still a risky proposition that could make things difficult for your husband if there was any law enforcement contact.

It depends on the terms of your husband's probation and any other restrictions that were placed on him. Typically, a gun restriction will mandate that the defendant not own or possess a gun. If the gun is in your name and not in your husband's possession, then he can't be charged with violating the restriction. However, if your husband lives in your home, a Deputy District Attorney may have an argument that he was in possession.

You should not have a gun in your home if your husband has a felony conviction. If our home is ever searched by police they will claim that he has access to the gun, and he will likely be charged and sent to prison. Why take the chance? If your husband were to have his civil rights reinstated, and if his conviction does not bar the possibility of the return of gun rights, he may be able to petition to have his gun rights reinstated.

IN THEORY you can have a firearm in the house so long as your husband doesn't have access to it. I have seentoo many caseswherethe policearrestedevery felon they found anywhere near a firearm on the assumption he had access to it. It can take anywhere from a few hours to many months to sort out that kind of mess, and your husband could be stuck in jail while youhis lawyer try to sort it out. So, unless you cankeepthe firearm onyour person and away from him, I suggest getting pepper spray, a big dog, or something else thatyour husbandis allowedto have.

Yes, under those circumstances you may have a gun. Your husband should not be charged with its possession if all the legalities are followed. There are no guarantees, of course, but you just do the best you can.

Your husband's felonies preclude him from owning or possessing a fire arm, and If he does not own nor possess one he cannot be charged with the offense. Be sure to keep records and have the guns permitted in your name with the keys to the gun cabinet in your possession.

An attorney should be consulted. It depends on the nature of the felonies whether he can be around guns or not the attorney would have to have the exact convictions and then tell you what has to be done.

The law on possession is pretty broad. It could be that he jointly possesses it as in community property. It could also be seen that he has constructive possession because he has access to it. If you want to keep your husband out of prison, you should not have a gun in the house.

That is a gray area of the law. Technically, if he didn't have access to it and did not touch it, i.e. in a locked safe, he could argue he was not in possession. However simply being in the same house as a firearm could lead to a charge of being in possession. It is not a risk you would want to take given the potential consequence of a felon in possession charge.

It is unlawful for any person who is Convicted of Felonies to possess firearms or to possess ammunition. Any person who (a) has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or (b) is addicted to any narcotic drug may not own or have in his or her possession, custody, or control any firearm. A felony conviction refers to a conviction of an offense that can only result in felony punishment under California law or any sentence to a federal correctional facility for more than 30 days, or a fine of more than $1,000, or both. I have always advised my clients meeting the above criteria to keep all firearms and ammunition out of any home or vehicle that they own or live in or is own by any family member.

YOU can own a gun, but he could get arrested for it being in the house that he lives in. You can take steps, such as keeping it locked up and not giving him a key, but that wont ensure that hell stay out of trouble. It depends on the police. He cant get in trouble for you having it. Hed get in trouble if he has access to it or if its ever in his possession.

You can. He can't. He can not be around firearms to the extent law enforcement claims he has possession of said firearms. So if you choose to keep a firearm keep it somewhere he can't get to like a locked room that is solely yours.

In Oregon law there are two types of possession, actual and constructive. Actual possession is fairly straightforward, the object is in your hand, your pocket, your backpack. Constructive possession is a bit trickier. To be in constructive possession of an object, you have the right to control it. For example husbands and wives can usually be said to be in constructive possession of the things in their home they collectively own. You may not be holding all your plates but you could if you wanted to (or break them or wash them, whatever), the same is true of your husband. Thus with this gun issue, if the firearm is on the coffee table, then you are both in constructive possession. However, if the gun is locked up where only you have access to it, although reasonable minds may disagree, I'd think most juries would not say your husband possesses that weapon. Under the bed, yes, in the nightstand, maybe, locked in a place only you can get to, I'd say is a safe bet.

It may be possible for your husband to get his felony vacated and dismissed. If that occurs, he can also get his firearms rights restored. If that is the case, he can possess them. As long as your husband is no longer under DOC jurisdiction, you could keep a firearm in your home but your husband must not be anywhere where he can access it or even in the same room with it. Still, the best case would make your husband eligible to vote, hold public office and own firearms.

Thats a tough situation. Ultimately the police would have to believe you that your husband has no access to your gunwhich you would normally store in the master bedroom I expect! Or the alternative is you give up your constitutional right to bear arms. Legally, he is not allowed to be in possession of a gun. Possession means that he has the ability to "exercise dominion or control" over the firearm. that is quite subjective.

The key is access. If you are legally able to own and possess a firearm, your living with a felon does not prevent such ownership. However, just as it would be illegal for a felon to posses a firearm, it is illegal to provide access of a firearm to a felon. So long as the firearm is kept locked and the felon does not have access to the weapon you should be within the law.

"Possession" can be either "actual" or "constructive." Actual possession occurs if you have the gun on your person. "Constructive possession" occurs where the gun is not on your person but is still within your control because you have access to it. The doctrine of "constructive" possession applies also to drugs. If the police find drugs in your home, they may not be "on your person" but you can still be charged because you have "constructive possession." Accordingly, if your husband does not have ACCESS to the gun because it is locked up and he is either unaware of it or can't get to it, he would not be in possession. A police officer whose spouse has a felony conviction can still keep their gun at home as long as it is kept in a place and in a manner that guarantees that the felon cannot get it. Just being nearby is not enough to be considered possession. If a felon sits next to a police officer who is carrying a gun - the felon does not have "possession" of the gun. It will be important to be able to show that you have exclusive control of the lock, key or other storage.

You have a right to have a weapon, but you are putting your husband at risk. As a convicted felon, he has no right to possess a firearm or dangerous weapon until that right (if possible) is restored by the court. Your husband is living in the home with you and has access to the home, just as you do. This includes the contents of the home. The risk is great. You need to weigh the risks.

Thank you for your inquiry I have represented persons who were alleged to have guns in the home, but it was shown that the person had no access, and the charges dismissed. This is not to say that some other judge would disagree.

Your husband would be in "constructive possession" of any weapon in your home. You are better off getting a dog and a security system. He can do several years in prison for possession of a weapon as a prior felon.

You may own. You may possess. Husband cannot. Placement of a firearm in a common are where he has access is always going to be a problem and probably not wise. Personally, I believe a securely stored weapon is a wasted expenditure of funds. You would probably have whatever unpleasantness is being perpetrated happen whie you get your securely stored defender.

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